This paper rereads David Hume'sDialogues Concerning Natural Religionas dramatising a distinctive, naturalistic account of toleration. I have two purposes in mind: first, to complete and ground Hume's fragmentary explicit discussion of toleration; second, to unearth a potentially attractive alternative to more recent, Rawlsian approaches to toleration. To make my case, I connectDialoguesand the problem of toleration to the wider themes of naturalism, scepticism and their relation in Hume's thought, before developing a new interpretation ofDialoguespart 12 as political drama. Finally, I (...) develop the Humean theory of toleration I have discovered by comparison between Rawls's and Hume's strategies for justification of a tolerant political regime. (shrink)

It is common for religiously motivated actions to be specially protected by law. Many legal theorists have asked why: what makes religion special? What makes it worthy of toleration over and above other non-religious deeply held convictions? The answer I put forward is that religions’ alleged afterlife consequences call for a principle of toleration that warrants special legal treatment. Under a Rawlsian principle of toleration, it is reasonable for those in the original position to opt for principles of justice that (...) accommodate actions with alleged afterlife consequences. And, under a utilitarian principle of toleration, a greater psychological harm is eased by such accommodations. Additionally, this alleged afterlife consequence is found in most of the religions that are thought to warrant some level of special toleration—not only do the Abrahamic religions have alleged afterlife consequences, but many eastern religions do as well, e.g. reincarnation. (shrink)

This article focuses in the allocation of financial risks from the viewpoint of social justice. In contemporary society, finance and the related risk allocation patterns have become highly important in determining the social positions of individuals. Yet it is somewhat unclear how ‘financial risks’ should be understood in normative theory and to what extent their allocation is a specific problem of justice. This article consists of a definition of this category and a typology of three different and distinctive perspectives to (...) financial risks and social justice, out of which a synthesis is drawn. The contribution of the article is to propose a normative basis for a research programme on risks and justice in the society of high financialisation. (shrink)

This article presents a new understanding of the problem of cosmopolitan motivation in war, comparing it to the motivational critique of social justice cosmopolitanism. The problem of cosmopolitanism’s “motivational gap” is best interpreted as a political one, not a meta-ethical or ethical one. That is, the salient issue is not whether an individual soldier is able to be motivated by cosmopolitan concerns, nor is it whether being motivated by cosmopolitanism would be too demanding. Rather, given considerations of legitimacy in the (...) use of political power, a democratic army has to be able to motivate its soldiers to take on the necessary risks without relying on coercion alone. Patriotic identification offers a way to achieve this in wars of national defense, but less so in armed humanitarian interventions (AHIs). Two potential implications are that either AHIs should be privatized or that national armies should be transformed to become more cosmopolitan. (shrink)

In the first half of the 1970s, two books appeared which have subsequently been regarded as major works in political philosophy: John Rawls's A Theory of Justice, and Robert Nozick's Anarchy, State, and Utopia. Economists have devoted a considerable amount of ink to commentary, pro and con, on A Theory of Justice; and it is getting to be a rare public finance textbook that does not, in its discussion of governmental redistribution, describe the Kantian contract made behind the veil of (...) ignorance. On the other hand, while Nozick has not exactly been ignored, economists have not joined the debate over Anarchy, State, and Utopia with the same gusto. When economists have joined the debate, their concern has been, more often than not, with Nozick's entitlement theory of distributive justice, as is the case with Varian and Sen. What is largely missing, then, is any economic analysis of the processes that give rise to Nozick's morally legitimate state, which he calls the minimal state, and the characteristics and likely activities of the minimal state within the moral boundaries set by Nozick, his assertions to the contrary notwithstanding. (shrink)

In Emile Rousseau emphasises four pedagogical principles which have become associated with child-centred education. Rousseau’s conception of education, however, is utilitarian. This combination of principles and overall conception anticipates one particular strand of policy thinking today: the ‘new vocationalism’. As a postscript, this paper asks why little work in the history of philosophy of education has been done, and identifies the early arguments of R. S. Peters as responsible for this failure.

We expound an economic explanation of the nature, causes, and effects of moral conventions. We show, first, that systems of moral rules lead to Pareto-efficiency; second, that the efficiency they induce may be interpreted as the outcome of an exchange of courtesies; third, and finally, that moral exchange takes place whenever the costs of transaction are sufficiently low. We also explain various phenomena, including the diversity of moral rules in time and space. Finally, we give sufficient conditions for universal moral (...) rules to emerge in a sequence of agreements involving two agents only at a time. (shrink)

Basic liberty, according to Rawls's first principle of justice, is not to be sacrificed for other values such as wealth. And, according to his second principle of justice, the material well-being of the worst-off members of society is not to be sacrificed to benefit better-off members of society. These trade-offs would be unjust, according to Rawls, no matter how small the sacrifice or how large the offsetting benefit. A decision-maker conforming to Rawls's theory, who is unwilling to sacrifice some values (...) in favor of others, has lexical preferences. Lexical preferences, however, are not encountered in studies of consumer demand for market goods. Since goods trade off within the range of choices studied in demand theory, it seems to economists that political values ought to trade off as well. (shrink)

This essay interprets John Locke's teachings about private societies, or free private associations. The essay proceeds by interpreting Locke's mature writings on ethics, politics, and philosophy, and then by illustrating Locke's teachings as they apply to two contemporary problems in associational freedom. Although Locke wrote about private societies primarily in the course of arguing for religious toleration, throughout his mature corpus he develops an internally consistent general theory of associational freedom. At first glance, Locke seems to suggest that all citizens (...) are entitled to associate for any end of their choosing, to control admission into and expulsion from their membership, and to enforce their own internal rules of governance. However, Locke qualifies this broad right to bar societies from organizing around ends inconsistent with the minimal moral and political conditions of liberalism. Ultimately, Locke suggests, citizens deserve a broad right of private society only to the extent that they are well enough formed by their regime and its private institutions to be capable of governing themselves in both private and public life.In contrast with contemporary practice, Locke's justification is broader in some respects and narrower in others. The essay illustrates the implications by considering how Locke's teachings justify limiting the scope of anti-discrimination laws and enlarging the scope of government efforts to dissolve seditious associations. (shrink)

A country's right to levy taxes is a fundamental aspect of its sovereignty. Without the power to tax, a government would be unable to redistribute resources among its citizens and provide public goods. The question of how tax rights should be distributed is therefore one of the oldest and most important problems of tax theory. Increased international economic integration has made this question even more important, as a larger share of economic transactions take place across national borders, giving rise to (...) situations in which more than one country is able to tax the same base.How such conflicts are resolved affects both the ability of countries to redistribute resources domestically and the international distribution of tax revenues. The allocation of tax rights therefore raises important questions of distributive justice, questions that require a normative theory of the right to tax. This essay seeks to evaluate the current distribution of tax rights by examining whether it can in fact be justified within the main approaches to distributive justice. (shrink)

Philosophers have long distinguished various interpretations of the principle of equal opportunity and argued over their implications and justifications. But they have almost always tacitly assumed that the context was a national one. They have not, in particular, considered whether some interpretation of the principle could apply and be justified globally, that is, to all people without regard to their nationality or citizenship. Yet, such an investigation is clearly demanded. The leading moral theories seem to support a case for at (...) least some interpretation of the equal opportunity principle, and it is not obvious that they can support it only domestically.Consider, first, those moral theories which place great value on negative liberty, for example, libertarianism. Libertarianism supports a standard interpretation of the equal opportunity principle – “formal” equality of opportunity; formal equality of opportunity requires that legal restrictions j on the taking of opportunities be lifted, and such restrictions diminish negative liberty. But libertarianism would also seem to support a global. version of formal equality of opportunity, for example, that laws be rescinded which require that candidates for jobs in a country be citizens of that country, or which restrict emigration or immigration. Such laws also diminish negative liberty.Or consider those moral theories which place great value on efficiency, for example, utilitarianism. Utilitarianism probably supports formal equality of opportunity because legal restrictions on the taking of opportunity not only diminish negative liberty, but also often prevent talent and skill from going where it can best be used and thus reduce efficiency. (shrink)

Many industrialized countries, developing countries, and countries that have recently made the transition from communism to market-oriented economies are characterized by high and increasing income inequality. Trends in income inequality have been understood to have ethical significance for different reasons. Some have argued that lessening income inequality is a valuable goal in itself. This essay, on the other hand, focuses on three instrumental reasons for pursuing economic policies that engender less income inequality, particularly in developing countries.• Inequality can inhibit growth (...) and slow poverty reduction.• Inequality often undermines the political process: that may lead to an inadequate social contract and may trigger bad economic policies-with ill effects on growth, human development, and poverty reduction.• Inequality may undermine civic and social as well as political life, and inhibit certain kinds of collective decision-making; at the societal level it may also generate its own self-justifying tolerance, perpetuating a high inequality equilibrium despite the potential economic and political costs.The author concludes that while societies with relatively high income inequality can, in principle, be equitable, it is more likely that income differentials will compound and aggravate unfairness in the allocation of opportunities, the functioning of the political process, and efforts to improve the well-being of the least advantaged. (shrink)

In financial disputes involving research, the parties are traditionally individual researchers and their institutions, biotech and pharmaceutical companies, and other entities engaged in the commercial development of biomedical research. Occasionally, research subjects claim that researchers have misled them or misappropriated their biological materials to derive financial gain. The best known example is the case of Moore v. Regents of the University of California, decided in 1990.With new developments in genomics, large-scale repositories of tissue and other biological specimens are increasingly important. (...) Biobanks have been established by various researchers, commercial entities, health-care institutions, and even entire countries. Individuals who contribute specimens almost always retain no commercial interest in any resulting research and language to that effect is now customarily included in informed consent documents signed at the time the specimen is given. Suppose, however, that the research subjects actually collect the specimens themselves, recruit the researcher, and provide financial support for the research. (shrink)

This article discusses the suggestion of having the notion of solidarity as the foundational value for welfare scheme reforms. Solidarity is an emerging concept in bioethical deliberations emphasizing the need for value-oriented discussion in revising healthcare structures, and the notion has been contrasted with liberal justice and rights. I suggest that this contrast is unnecessary, flawed, and potentially counterproductive. As necessary as the sense of solidarity is in a society, it is an insufficient concept to secure the goals related to (...) social responsibility. The discussion on solidarity is also based on a questionable sense of nostalgia. Furthermore, solidarity and liberal justice share essential objectives concerning welfare schemes; therefore, the question arises whether the proper comparison should in the first place be within justice and solidarity. (shrink)

This book discusses the problem of mathematical knowledge, and its broader philosophical ramifications. It argues that the problem of explaining the (defeasible) justification of our mathematical beliefs (‘the justificatory challenge’), arises insofar as disagreement over axioms bottoms out in disagreement over intuitions. And it argues that the problem of explaining their reliability (‘the reliability challenge’), arises to the extent that we could have easily had different beliefs. The book shows that mathematical facts are not, in general, empirically accessible, contra Quine, (...) and that they cannot be dispensed with, contra Field. However, it argues that they might be so plentiful that our knowledge of them is intelligible. The book concludes with a complementary ‘pluralism’ about modality, logic and normative theory, highlighting its revisionary implications. Metaphysically, pluralism engenders a kind of perspectivalism and indeterminacy. Methodologically, it vindicates Carnap’s pragmatism, transposed to the key of realism. (shrink)

«Je propose ici de comprendre cette nouvelle constellation du monde global comme la dialectique entre le tous et le personne pour expliquer ce que je désignerai, de façon métaphorique, le retour de la piraterie dans cette nouvelle ère de la globalisation.» - Daniel Innerarity.

Divided into eight sections, each with introductory essays, the selections offer rich and detailed insights into a diverse multinational philosophical landscape. Revealed in this pathbreaking work is the way in which traditional philosophical issues related to ethics, metaphysics, and epistemology, for instance, take on specific forms in Africa's postcolonial struggles. Much of its moral, political, and social philosophy is concerned with the turbulent processes of embracing modern identities while protecting ancient cultures.

I argue that campus closures and shifts to online instruction in the early stages of the COVID-19 pandemic created an obligation to offer courses asynchronously. This is because some students could not have reasonably foreseen circumstances making continued synchronous participation impossible. Offering synchronous participation options to students who could continue to participate thusly would have been unfair to students who could not participate synchronously. I also discuss why ex post facto consideration of this decision is warranted, noting that similar actions (...) may be necessary in the future and that other tough pedagogical cases share important similarities with this case. (shrink)

The concept of fairness as mutual advantage has been developed in the tradition of social contract theory. In this framework society is seen as an enterprise that coordinates the activities of its members in order to advance their interests. All acceptable social rules are in the interest of each member of society. Rules are agreed unanimously – no rules can be enforced against the interest of someone. It is assumed that individuals are basically self-interested and rational. Radical libertarianism claims that (...) individuals do not have to accept any a priori constraints on their behavior. “Libertarianism focuses on negative freedom”. (shrink)

After a brief review of the ethical judgment research, the Potter Box, a four‐step ethical judgment tool used primarily in media ethics, is introduced. The paper proposes that the Potter Box's usefulness for evaluating ethical dilemmas could be improved by re‐sequencing the steps, by incorporating philosophical intuitionism as a mechanism for structuring its inherent pluralism and by adding a post‐decision, pre‐action reflective step. The resulting modified Potter Box has five steps – analyze the situation, identify stakeholders, specify duties, weigh obligations (...) and check for universalizability – and should provide a useful structure for analyzing difficult ethical dilemmas and for creating transparency in the judgment process that accommodates improved discussion. (shrink)

Baumard et al. provide an intriguing model where morality emerges from the dynamics of partner choice in mutualistic interactions. I discuss evidence from human and nonhuman primates that supports the overall approach, but highlights a gap in explaining the human specificity of moral cognition. I suggest that an essential characteristic of human fairness is to override concerns about merit in favor of promoting the welfare in others who are needy.

An allocation rule is ‘consistent’ if the recommendation it makes for each problem ‘agrees’ with the recommendation it makes for each associated reduced problem, obtained by imagining some agents leaving with their assignments. Some authors have described the consistency principle as a ‘fairness principle’. Others have written that it is not about fairness, that it should be seen as an ‘operational principle’. We dispute the particular fairness interpretations that have been offered for consistency, but develop a different and important fairness (...) foundation for the principle, arguing that it can be seen as the result of adding ‘some’ efficiency to a ‘post-application’ and efficiency-free expression of solidarity in response to population changes. We also challenge the interpretations of consistency as an operational principle that have been given, and here identify a sense in which such an interpretation can be supported. We review and assess the other interpretations of the principle, as ‘robustness’, ‘coherence’ and ‘reinforcement’. (shrink)

The tendency of classical politics to embed the individual in universal and transcendental patterns of action followed in part from the recognition of the futility of unpredictable action oriented to the individual's transient personal future. By contrast, F. A. Hayek argues for liberalism and the rule of law because it is instrumental to the achievement of human ends. Michael Oakeshott, however, claims that freedom is a value in itself, and that liberalism should emphasize moral autonomy because the moral life is (...) public and not oriented to external ends. The moral life intimates a form of self‐sufficiency in action, and self‐sufficient action is timeless in the sense of being indifferent to either the past or the future. Oakeshott returns liberalism to the problems of classical politics without recourse to the dictatorial imposition of a single substantive good. (shrink)

Over the past decade, both the doctrine and the practice of criminal law have come under intensely critical review by feminist scholars and reformers. The territory under reexamination by or because of feminists spans the problems of women as witnesses, defendants, and prisoners in the criminal justice system; it extends to the situation of women as potential victims and offenders in diverse offense circumstances. Crimes in which the defendant or victim is typically female (e.g., prostitution, rape) are predictable subjects of (...) feminist concern, but attention has extended as well to the dynamics of women's experience (arguably distinctive and certainly neglected) in connection with such offenses as assault, shoplifting, drug offenses, and even armed robbery.Feminist criticism and reform efforts have focused for the most part at the level of specific rules or particular areas of practice. In this paper I want to comment on the structure of the feminist critique and to compare its underlying assumptions to those of criminal law as it has been traditionally understood and practiced. In at least some of its prominent versions, feminism entails orientations and commitments incompatible with those of the received criminal law tradition. To the extent that this is true, criminal law, constructed and expounded almost exclusively by males, can fairly be characterized (descriptively) as “sexist” or at least “gendered” (that is, male-oriented) in its core assumptions. Moving to normative ground, I suggest that if the descriptive claims of the feminist movement are true to any substantial extent, then criminal law – conceived in terms seemingly uncongenial to a large part of our population – would require thorough reexamination. (shrink)

Foucault's theory of power and subjectification challenges common concepts of freedom in social philosophy and expands them through the concept of 'freedom as critique': Freedom can be defined as the capability to critically reflect one's own subjectification, and the conditions of possibility for this critical capacity lie in political and social institutions. The article develops this concept through a critical discussion of the standard response by Foucault interpreters to the standard objection that Foucault's thinking obscures freedom. The standard response interprets (...) Fou-cault's later works, especially The Subject and Power, as a solution to the problem of freedom. It is mistaken, because it conflates different concepts of freedom that are present in Foucault's work. By differentiating these concepts, this paper proposes a new institutionalist approach to solve the problem of freedom that breaks with the partly anarchist underpinnings of Foucault scholarship: As freedom as critique is not given, but itself a result of subjectification, it entails a demand for 'modal robustness' and must therefore be institutionalized. This approach helps to draw out the consequences of Foucault's thinking on freedom for postfoundationalist democratic theory and the general social-philosophical discussion on freedom. (shrink)

In this article I argue that the famous image on Hobbes’ frontispiece of Leviathan provides a more honest picture of authority and of contract than is provided by today’s liberal images of free and equal persons, who are pictured as sitting round a negotiating table making a decision as to the principles on which to base laws. Importantly, in the seventeenth century, at the start of modern political thought, Hobbes saw no contradiction between contractual agreement and subordination. I will draw (...) out these arguments by comparing three images of politics that employ the human body: Hobbes’ frontispiece is compared firstly with an earlier picture of the state, the illustration of the Fable of the Belly, and then with a later Rawlsian image of the social contract described above. At stake is Hobbes’ view of two associated concepts: authorship and authority. I argue that Hobbes’ image is a vivid portrayal of a ‘persona covert’, akin to the feme covert, a wife characterised in common law as so dominated by her husband that she is imagined as being ‘covered’ by his body. (shrink)

The purpose of the paper is a discussion of the meaning and relevance of the Pareto principle in economics. To begin with, the principle is briefly retraced in Pareto’s own writings. Its contemporary meaning was, however, developed in the context of the “New Welfare Economics”. While Pareto technically employed the principle in order to describe an equilibrium situation, Kaldor and Hicks developed it somewhat differently as a yardstick for economic policy formulation. Sometimes, the principle is also discussed as a decision (...) rule, and in this context some critics - though not the present author - believe it to have a conservative bias. Finally, recent discussions center around the incompatibility of the Pareto principle and “liberal” values. This conflict might be of limited relevance, only, due to a misconstrued formalism. (shrink)

The veil of ignorance has been used often as a tool for recommending what justice requires with respect to the distribution of wealth. We complete Harsanyi's model of the veil of ignorance by appending information permitting objective comparisons among persons. In order to do so, we introduce the concept of objective empathy. We show that the veil-of-ignorance conception of John Harsanyi, so completed, and Ronald Dworkin's, when modelled formally, recommend wealth allocations in conflict with the prominently espoused view that priority (...) should be given to the less able in wealth allocation. We finally argue that the veil of ignorance should be rejected as a tool for discovering what justice requires. (shrink)

On the face of it, the protracted public controversy over abortion in the United States and elsewhere might seem to rest on intractable normative questions inaccessible to economic analysis. But an influential early essay in the now sizable philosophical literature on the subject suggests otherwise. Judith Jarvis Thomson disarmingly inclined toward the view that “the fetus has already become a human person well before birth”,. presumably with all the rights pertaining thereto. She denied, however, that such rights necessarily include use (...) of the mother's womb until birth. To illustrate her point, she compared the mother's situation to that, for example, of an unwilling Good Samaritan with a uniquely suited blood type, who is forced to share a kidney for 9 months with a famous, ailing violinist who needed its use for that duration to recover. Even if the life of a human being was at stake, the assertion of rights for the violinist or the fetus, she argued, would be too degrading for either the Good Samaritan's or the mother's status as a person, where large unwanted sacrifices would be required. Reduced to its economic essentials, the argument is that the mother has property rights to her own body, including the right to expel a “trespasser”. who would die as a consequence. Thus, the antiabortion position is neatly undercut by granting its major premise while denying its conclusion. (shrink)

T. H. Marshall, a British sociologist, gave a series of lectures in 1949 under the title “Citizenship and Social Class.” To many American intellectuals, his analysis still offers a persuasive account of the origins of the welfare state in the West. But Marshall spoke in the early postwar era, when the case for expanded social benefits seemed unassailable. Today's politics are more conservative. In every Western country the welfare state is under review. Yet Marshall's conception can still help define the (...) issues in social policy and the way forward. (shrink)

In this essay, I identify the reasons that libertarian principles have failed to capture the popular imagination as an acceptable form of civil society. By the term “libertarian” I mean a belief in and commitment to a set of methods and policies that have as their common aim greater freedom under law for individuals. The term “freedom” in this context means not only a commitment to civil liberties, such as freedom of expression, but also to economic liberties, including a commitment (...) to a laissez-faire policy of free enterprise and free trade between countries. Libertarians, therefore, are committed to the absolute minimum state intervention in the economy as well as in people's private lives. In a world constrained by these libertarian principles, people should be permitted to do as they please, constrained only by rules that prevent them from encroaching on the liberty of others. (shrink)

All current versions of ethics for human interaction with animals are based on theories originally developed for relationships between humans or for human understanding of the environment. The perceived analogies between relationships among humans those theories were designed for and the relationships between human and animals have led to specifically revised and adapted theories for ethical interaction between humans and animals. In this essay I propose two further analogies that I develop into one core argument to cover specific issues in (...) human–animal relationships not yet adequately addressed. First I adapt the ethical theory designed for use between human professionals and their clients for analogous use in the power relationship between humans and animals; second I similarly adapt the ethical theory designed for interactions between humans and the global environment. I use elephants as example of an animal species and they stand as proxy for all similar animal species. The overall argument justifies moral duties for humanity to protect both species and the global biosphere as home for all living organisms. (shrink)

In diesem Beitrag argumentieren wir, dass eine umfassende Implementierung sogenannter Nudges weitreichende Auswirkungen für rechtliche und politische Institutionen hat. Die wissenschaftliche Diskussion zu Nudges ist derzeit hauptsächlich von philosophischen Theorien geprägt, die im Kern einen individualistischen Ansatz vertreten. Unsere Analyse bezieht sich auf die Art und Weise, in der sich Anhänger des Nudging neuster Erkenntnisse aus den Verhaltenswissenschaften bedienen – immer in der Absicht, diese für effektives Regieren einzusetzen. Wir unterstreichen, dass die meisten Nudges, die derzeit entweder diskutiert werden oder (...) bereits implementiert sind, nicht Teil eines Rechtssystems sind und keinen normativen Charakter haben. Dazu unterscheiden wir zwischen zwei Idealtypen, um menschliches Verhalten zu beeinflussen, die wir als normativ bzw. instrumentell bezeichnen. Diese Idealtypen stehen für verschiedene Weisen, in denen öffentliche Regeln strukturiert werden können; sie erlauben uns, die institutionellen Implikationen von Nudges zu verstehen und zu bewerten. Hier betonen wir den Wert des Rechts als Absicherung gegenüber den möglichen schädlichen Konsequenzen von in der Politik und Regierungsführung eingesetzten Nudges. Unser Beitrag schließt mit Reaktionen auf einige Einwände, die unsere Vorschläge bereits erhalten haben. (shrink)

Articulating and examining the likely consequences of different theoretical and policy approaches to economic justice serves to highlight potential trade-offs and conflicts among them, and helps us to think more carefully about these trade-offs and what their consequences might be. Some of us, for example, might support a liberal free trade regime because we believe it promotes greater income equalityamong countries. But we might also reasonably assert that such a regime exacerbates economic injusticeswithin some countriesby causing dislocation and unemployment, particularly (...) among vulnerable socioeconomic groups such as unskilled workers. This essay presents three models that seek to capture some of the central normative concerns that have been expressed by critics of economic globalization-communitarian, liberal internationalist, and cosmopolitan prioritarian. I indicate the kinds of economic models and data sets that are relevant to determining whether and to what extent greater openness to global trade poses a threat to economic justice as conceived by each of these approaches. Specifically, I use these analytical tools in order to relate changes in openness to foreign trade to other social and economic outcomes, particularly changes in income inequality and poverty, which have tended to draw the attention of nearly all theorists of economic justice. I characterize and critique the approach to economic justice that has been (implicitly) adopted by the major international institutions like the World Bank, International Monetary Fund, and World Trade Organization. I conclude with some policy implications and suggestions for further research in the area of international economic justice. (shrink)

One of the most widely accepted tenets in postmetaphysical normative ethics is the principle of dialogue as a foundational authority. Conceptually, the dialogical model is valuable, in that it allows a binding yet mutable underpinning of moral discourse. However, dialogue has its limits. The main drawback lies in the fact that deliberations can be very lengthy, perhaps even infinite. In other words, deliberation does not always lend itself to action. From the vantage point of applied ethics, in this case, bioethics (...) and forensic ethics, this is not a minor shortcoming since these disciplines are concerned with situations involving some sort of urgency. Aporia is not an option in most cases. It is thus pressing to consider the moment of decision inherent to moral judgement and action that puts an end to dialogue. From the realm of abstract norm justification, one must move on to the contextualist discourse of application. To be rational, however, decision must avoid authoritativeness or any type of arbitrariness. What, then, could serve as a reasonable criteria for the rational application of norms? What aspects should be envisaged for a sound reflective decision? This paper will attempt to sketch some answers that could contribute to the question of the necessary contextual application of accepted norms by paying heed to, systemizing and sometimes finding fault in the arguments given by judges who had to settle cases touching sensitive moral issues. (shrink)

In On What Matters verbindet Parfit einen nicht-naturalistischen normativen Realismus –die Auffassung, es gebe objektive normative Wahrheiten – mit einer intuitionistischen Erkenntnistheorie bezüglich des Normativen, die davon ausgeht, wir hätten intuitiven epistemischen Zugriff auf jene normativen Wahrheiten. Beide Theorien sieht er durch ein Argument bedroht, das von moralischer Uneinigkeit ausgeht. Um diesem Argument zu entgehen, vertritt Parfit die These, dass unsere normativen Überzeugungen unter Idealbedingungen konvergieren. Dieser Aufsatz macht anhand des Beispiels meta-normativer Uneinigkeiten zunächst deutlich, dass Parfit die Plausibilität seiner (...) Konvergenzthese überschätzt. Es bestehen jedoch – so der konstruktive Vorschlag – Möglichkeiten, Realismus und Intuitionismus zu verbinden, ohne sich auf die Konvergenzthese festzulegen. (shrink)

In comparison to Aristotle, Plato's general understanding of law receives little attention in legal theory, due in part to ongoing perceptions of him as a mystic or a totalitarian. However, some of the critical or communitarian themes that have guided theorists since Aristotle find strong expression in Plato's work. More than any thinker until the nineteenth and twentieth centuries, Plato rejects the rank individualism and self-interest which, in his view, emerge from democratic legal culture. He rejects schisms between legal norms (...) and community values, institutional separation of law from morals, intricate regimes of legislation and adjudication, and a culture of rampant litigation. He rejects the alienation of individuals, from each other and from their communities, that is so easily bred within highly complex political and legal systems. An understanding of his approach to some of the classic questions of legal theory provides insight not only into some central ideas of his own thought, but also into the roots of critical and communitarian critiques of law. (shrink)

American liberals believe that both civil liberties and civil rights are harmonious aspects of a basic commitment to human rights. But recently these two clusters of values have seemed increasingly to conflict – as, for example, with the feminist claim that the legal toleration of pornography, long a goal sought by civil libertarians, actually violates civil rights as a form of sex discrimination.Here I propose an interpretation of the conflict of civil rights and civil liberties in its latest manifestation: the (...) controversy over how to treat discriminatory verbal harassment on American campuses. I was involved with the controversy in a practical way at Stanford, where I helped draft a harassment regulation that was recently adopted by the university.Like the pornography issue, the harassment problem illustrates the element of paradox in the conflict of civil-liberties and civil-rights perspectives or mentalities. This problem does not simply trigger familiar disagreements between liberals of a classical or libertarian orientation as against those of a welfare state or social democratic one – though it does sometimes do that. In my experience, the issue also has the power to appear to a single person in different shapes and suggest different solutions as it oscillates between being framed in civil-liberties and in civil-rights terms. At the same time, however, it remains recognizably the same problem. It is thus a very practical and political example of the kind of tension noted by Wittgenstein in the aphorism that heads this essay – a puzzle of interpretive framing, of “seeing-as.”. (shrink)

Is there truth to the widespread belief that the ig8os saw a redistribution of income upward, from the poor and the middle class to the rich? While the eighties witnessed an abundance of new and high‐paying jobs and a sharp redistribution of taxes upward, income inequality did increase. But this was not because the poor lost ground but because the rich gained more ground than the poor. In reality, then, the eighties were not only good for the rich and the (...) middle class but met Rawlsian standards of “justice as fairness.”. (shrink)

Umjetnica i analitička stručnjakinja za Kantovu filozofiju, Adrian Piper, s pravom je opisana kao "jedna od najvažnijih i najutjecajnijih kulturnih figura našeg vremena". Nagrađivani rad instalacije i participativne izvedbene umjetnosti, Probable Trust Registry: Rules of the Game #1-3, implicitno postavlja filozofska pitanja od interesa za kontraktualističku filozofiju i njenu kritiku, uključujući mogućnost izvršenja istinske moralno obvezujuće posvećenosti iskrenosti, autentičnosti i poštovanja samoga sebe putem umjetničke instalacije. Posebno za publiku koja se blisko identificira s njenim iskustvima, Piperina umjetnost, poput drugih važnih (...) umjetničkih djela, ima snažan katalizatorski etički potencijal. Motivirana divljenjem prema umjetnici i percipiranom konfliktnom odnosu obojenih (tj. ne-bijelih) žena i konvencionalnih diskursa moralne solidarnosti, nudim tri različita načina za razumijevanje Piperinog Probable Trust Registryja. Predlažem da se Piperino misaono izazovno umjetničko djelo, koje se implicitno oslanja na Johna Rawlsa i Charlesa Millsa, može tumačiti kao poziv njenoj publici da se slože s odabirom pravila koja, između ostalog, prihvaćaju univerzalne moralne imperative, predviđaju budući moralni integritet ili se zaklinju u moralni integritet. (shrink)

Despite decades of theorising and empirical research, the problems of corporate governance seem intractable, particularly the relationships between investors and companies. The thought experiment in this paper asks us to look at the problem through a fresh lens. It draws on the quaint British legal custom of calling shareholders “members”, and then uses the political philosopher Michael Walzer’s idea of membership in states, clubs, neighbourhoods, and families to draw lessons for the corporate world. This paper suggests that seeing how Walzer (...) conceives “strangers” in a polity, with fewer rights but a path to membership, lets us rethink shareholder rights as something to be earned, through engagement and commitment, that is, through stewardship. Rethinking what membership of a company might mean points to a pragmatic escape from short-termism without institutional reform. (shrink)

Argues that morals and politics require on a metaphysical backing and proposes a neoclassical metaphysics.

This paper compares Joseph Heath’s critique of the just deserts rationale for markets with an earlier critique due to Frank Knight, Milton Friedman, and Friedrich Hayek. Heath shares their emphasis upon the role of luck in prices based on supply and demand. Yet he avoids their claim that the inheritance of human capital is on a moral par with the inheritance of ordinary capital, as a basis for unequal shares of the social product. Heath prefers to argue that markets do (...) not tend to reward talent as such. The paper raises some doubts about this factual claim, and argues that sweeping the issue of talent under the rug threatens to make our theory of justice less egalitarian than it would otherwise be. The paper also addresses the objection that claims of unfairness based on the arbitrariness of the distribution of innate abilities will undermine self-respect. (shrink)

Theories of deliberative democracy maintain that outcomes of democratic deliberation are fairer than outcomes of mere aggregation of preferences. Theorists of impartial justice, especially Rawls and Sen, emphasize the role of deliberative processes for making just decisions. Democratic deliberation seems therefore to provide a model of impartial decision-making applicable in the real world. However, various types of cognitive and affective biases limit individual capacity to see things from others’ perspectives. In this paper, two strategies of enhancing impartiality in real world (...) decision-making are discussed. The first involves decision-making processes which detach decision-makers from their particular interests, whereas the second aims to enhance the quality of democratic deliberation and empathetic reasoning. We conclude that new forms of democratic deliberation may be necessary if we hold on to the aspiration of making decisions which are both democratic and impartial. (shrink)